In this case, Wal-Mart is vicariously liable for the damages the semi driver, Roper, caused to Morgan through negligence during the scope of his employment. 5.
Another common-law doctrine of liability connected to imputed negligence and vicarious liability during the scope of employment is the Respondent Superior doctrine, which is Latin for "let the master answer." Respondent Superior is centered on the employer-employer legal relationship. This doctrine puts responsibility on the employer for lack of care on the part of the employee, based on the duty of care and regulation the employer owes to the employee. The actions of the negligent employee must take place within the scope of employment in order for the employer to be liable. If injury were to occur to an outside party caused by the negligent acts of an employee during the course of employment, respondent superior provides a better chance for the injured party to recover from the damages, due to the employer being responsible. The relationship between the employer and the employee is also referred to as agency, which serves as a binding contract between the employer and employee. 6 In order for respondent superior to be relevant to a case four areas must be met for the employer to be liable. The first states the employee must be subject to the employer's supervision. Second, the employee must be motivated at least in part by a desire to serve the employer's interests. Third, the problem or incident arose during work hours in a work location, and fourth, the act in question must be of the general type the employee was hired to perform. In correlation with the Morgan v. Wal-Mart case, the truck driver was subject to Wal-Mart's supervision, the truck driver was paid by Wal-Mart to drive the truck, the accident happened while operating a Wal-Mart owned truck on the scheduled route, but the truck driver was not supposedly hired to fall asleep while operating the truck causing a six-car wreck.
